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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13326
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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My ex-husband is getting spousal benefits on my work story.

Customer Question

My ex-husband is getting spousal benefits on my work history. He is 80 years old and has had a green card in the past. He is a citizen of Venezuela and is living in Venezuela. Is there any rule that requires him to visit the U.S. at any time to keep receiving the benefits. He has two sons that are U.S. citizens? My email is***@******.***.
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

How long has he lived in the US as your spouse? Since he is are not a U.S. citizen, he "must have lived in the United States for at least five years. During those five years, the family relationship on which we base benefits must have continued to exist." You can read more about this here: https://www.ssa.gov/pubs/10137.html

If he meets that and is otherwise eligible, he should be able to continue receiving.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

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Customer: replied 1 year ago.
He meets all of the requirements listed above but someone told him that he might have to visit the US twice a year to keep receiving the benefits. Is this not true? Thank you Stephanie. I rate you excellent!
Customer: replied 1 year ago.
Please confirm that no U.S. visits are necessary. He is 80 years old and he may not be able to travel much longer. He only started receiving the benefits his month.
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Did you look at the linked SSA word I provided you? Please do, that is why I provide it so you can confirm what I say. I too like to have a link to confirm... since we can all make mistakes, being human. But please read it, as this is what it states:

"If you are a citizen of one of the countries listed below, you also may get payments as long as you are outside the United States unless you are receiving your payments as a dependent or survivor." No such animal here as a return every six months deal. "If you are not a U.S. citizen or a citizen of one of the countries listed on pages 5, 6 and 7, (See that Venezuela is listed) we will stop your payments after you have been outside the United States for six full calendar months unless..." Clearly, the 6 month requirement is for OTHER people, not citizens of Venezuela.

Interestingly, my father was an aficionado of Venezuela, went to live there on his meager SS, in his 70s, where he ultimately passed away.

But please read the attachment - I am all for an extra pair of eyes.

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